CROSS RIVER – STATE PRIMARY EDUCATION BOARD LAW
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LAWS OF CROSS RIVER STATE
STATE PRIMARY EDUCATION BOARD LAW
ARRANGEMENT OF SECTIONS
PART I
CHAPTER S15
Establishment of Board
SECTION
- Establishment of Board.
- Functions of the Board.
- Executive Secretary to the Board and his duties.
- Remuneration and tenure of office.
- Meeting of the Board, procedure and quorum thereat.
- Powers of the Board to delegate its functions.
- Power of the Commissioner to make regulations.
PART II
Establishment of Local Government Education Authority
- Establishment of the Local Government Education Authority.
- Functions of the Local Government Education Authority.
- Establishment of Development Area Education Committee in the absence of District Administration in the State.
- Functions of the Development Area Education Committee.
- Establishment and membership of the Village Education Committee.
- Functions of Village Education Committee.
- Inspection of schools and institutions.
- Offence.
- Regulations.
- Control of the Board.
- Staff posted from Civil Service.
- Validation.
PART III
Funds and Accounts
- Establishment of Primary Education Fund.
- Continuance in force of former subsidiary instrument.
- Interpretation.
- Short title.
SCHEDULE 1
Meetings and Proceedings of the Board at Different Levels
CHAPTER S15
STATE PRIMARY EDUCATION BOARD LAW
(1st January, 1989)
[Commencement.]
PART I
Establishment of Board
- Establishment of Board
(1) For the purpose of managing all primary schools in the State other than private primary institutions, there is hereby established a body to be known as the Primary Schools Management Board.
(2) The Board shall comprise—
(a) a full-time Chairman who shall be an experienced educationist;
(b) two other full-time members appointed on their personal merits;
(c) twoex-officio members representing the Ministry of Education and Department of Local Government;
(d) five members to represent other interested groups on a part-time basis;
(e) an experienced educationist to serve as Executive Secretary to the Board.
(3) Members of the Board under paragraphs (a), (b), (d) and (e) of subsection (2) shall be appointed by the Governor on the recommendation of the Commissioner for Education.
(4) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
(5) The seal of the Board shall be such as may be determined by the Board and the affixing of the seal shall be authenticated by the signatures of the Chairman and the Secretary of the Board.
(6) The seal shall be judicially noticed.
- Functions of the Board
The Board shall perform the following functions, that is to say—
(a) management of primary schools in the State;
- b) recruitment, appointment, promotion and discipline of teaching and non-teaching staff, provided that all matters relating to officers on Grade level 06 and below may be delegated to the Local Government Education Authority;
(c) posting and deployment of teachers, including inter-State transfers;
(d) disbursement of funds provided to it from both Federal and State sources;
(e) setting up an effective and functional supervisory unit;
(f) supervision of all other units set up under its jurisdiction;
(g) providing guidelines on the establishment of new schools and new capital projects;
(h) retirement and re-absorption of teachers;
(i) approval of annual estimates and establishment proposals from the Local Government Education Authority;
(j) responsibility for the approval and training of teaching and non-teaching staff;
(k) assessment and funding of salaries and allowances of teaching and non-teaching staff based on the scheme of service drawn up by the Management Board;
(l) ensuring that annual reports are rendered by heads of schools to teachers appointed to serve under them;
(m) preparing testimonial and certificates of service for teaching and non-teaching staff whenever necessary;
(n) dealing with leave matters including annual vacation;
(o) ensuring annual auditing of accounts; and
(p) performing such other functions as may be assigned to the Management Board by the Commissioner for Education.
- Executive Secretary to the Board and his duties
(1) The Executive Secretary shall be an experienced educationist.
(2) The Secretary shall be the accounting officer and chief adviser to the Board and shall in that capacity help in the formulation and implementation of the policies of the Board.
(3) Without prejudice to subsection (2) of this section the Secretary shall be responsible for—
(a) making arrangements for the meetings of the Board;
(b) preparing the agenda and recording the minutes of such meetings;
(c) custodying the seal of the Board;
(d) conveying the decisions of the Board to the parties concerned;
(e) arranging for the payment of salaries and allowances of members; and
(f) performing such other duties as the Board may from time to time assign to him.
- Remuneration and tenure of office
(1) A member of the Board, except a member by virtue of an office held by him, shall be paid such salary and allowances as may be appointed by the Governor.
(2) A member of the Board shall, subject to the pleasure of the Governor, hold office for such period as may be stated in the instrument by which he is appointed.
(3) The office of a member of the Board shall be vacant if—
(a) a member dies;
(b) a member resigns his office by notice in writing addressed to the Governor;
(c) a member is incapacitated by reason of infirmity of the body or mind;
(d) a member is absent, without good and acceptable cause, from three consecutive meetings of the Board;
(e) a member is convicted of a criminal offence;
(f) the Board is dissolved; and
(g) for any reason a member is removed by the Governor.
- Meeting of the Board, procedure and quorum thereat
(1) The Board shall meet as often as it shall be necessary for the purpose of transacting its business.
(2) The procedure at Board meetings and the proceedings of the Board shall be in accordance with Schedule 1 hereto.
(3) The quorum at any meetings of the Board shall be one half of the Board members.
- Powers of the Board to delegate its functions
Subject to the provisions of this Law, the Board may delegate any of its functions under section 6 to any person or authority and nothing shall prevent the Board from exercising the powers so delegated by it to any person or authority.
- Power of the Commissioner to make regulations
The Commissioner may make regulations for carrying into effect any of the provisions of this Law and may, in particular, make regulations in respect of—
(a) the procedure of the Board;
(b) the inspection of accounts of the Board;
(c) the finances of the Board; and
(d) subventions to relevant schools.
PART II
Establishment of Local Government Education Authority
- Establishment of the Local Government Education Authority
(1) There is hereby established under the Board, a Local Government Education Authority for each Local Government Area in the State.
(2) The Local Government Education Authority shall consist of the following members—
(a) the Chairman of the Local Government Council as Chairman;
(b) the Councillor for Education;
(c) one representative of the Inspectorate of Education in the State;
(d) one representative of the recognised Teacher’s Union in the Local Government Area;
(e) one representative of women in the Local Government Area;
(f) two representatives of Clan Heads in the Local Government Area;
(g) two representatives of Religious Organisations in the Local Government Area;
(h) one representative of the Parents Teachers Association in the Local Government Area; and
(i) a representative of the Primary Schools Management Board shall act as Secretary.
(3) Members of the Local Government Education Committee who are not public officers shall be appointed by the Commissioner on the recommendation of the bodies they represent.
- Functions of the Local Government Education Authority
Subject to the control of the Board, a Local Government Education Authority shall be responsible for—
(a) the day-to-day administration of the primary schools in its area of jurisdiction;
(b) the appointment, posting, transfer, promotion and discipline of teaching and nonteaching staff on Grade Levels 01-06 in its area of jurisdiction;
(c) making recommendations to the Management Board on promotion and discipline of teaching and non-teaching staff on Grade Level 07 and above in its area of jurisdiction;
(d) collection of approved dues;
(e) payment of salaries, allowances and other benefits to all the teaching and nonteaching staff in its area of jurisdiction;
(f) submission of annual estimates, annual accounts, and monthly returns to the Board;
(g) acquisition and distribution of materials and equipment to all primary schools in its area of jurisdiction;
(h) undertaking capital projects and general maintenance of primary school buildings and infrastructure;
(i) stimulating, promoting and encouraging communal participation in the running of primary schools in its area of jurisdiction;
(j) taking all reasonable steps to ensure full enrolment and attendance in all primary schools in its area of jurisdiction;
(k) payment for any land acquired for educational development in its area of jurisdiction;
(l) supervising all Area Development Committees in its area of jurisdiction;
(m) providing regular feedback to the Management Board on people’s reaction to Government education measures in its area of jurisdiction;
(n) ensuring that annual reports are rendered to the Management Board on all activities of the Authority during the preceding year, especially on teaching and nonteaching staff in its area of jurisdiction;
(o) performing such other functions as may be delegated to it by the Management Board.
- Establishment of Development Area Education Committee in the absence of District Administration in the State
(1) There is hereby established in each Development Area in the State a Development Area Education Committee.
(2) The Development Area Education Committee shall comprise—
(a) a recognised Clan Head as Chairman;
(b) two religious leaders in the Development Area;
(c) two village Heads in the Development Area;
(d) one representative of the Parents Teachers Association in the Development Area;
(e) one representative of the recognised Teachers’ Union in the Development Area;
(f) one representative of the Headmaster of Primary Schools in the Development Area;
(g) one representative of Women in the Development Area;
(h) one representative of Business in the Development Area; and
(i) a representative of the Primary Schools Management Board shall act as Secretary.
(3) Members of the Development Area Education Committee, who are not public officers, shall be appointed by the Chairman of the Local Government Council on the recommendation of the bodies they represent.
- Functions of the Development Area Education Committee
The Development Area Education Committee, subject to the control of the Local Government Education Authority of its Local Government Area shall be responsible for—
(a) recommending to the Local Government Education Committee—
(i) cases of promotion, transfer and discipline of teaching and non-teaching staff in the District;
(ii) necessary repairs and renovation to primary school buildings in the Development Area; and
(iii) the supply of teaching and non-teaching staff, teaching equipment and materials required for the Development Area;
(b) promoting and encouraging communal interest and participating in the running of primary education in the Development Area;
(c) ensuring good enrolment and full attendance in all the State primary schools in the Development Area; and
(d) performing such other functions as the Local Government Education Committee may, from time to time, assign to it.
- Establishment and membership of the Village Education Committee
(1) There is hereby established for each village, in each Development Area of a Local Government Area, a Village Education Committee.
(2) The Village Education Committee shall comprise—
(a) the Village Head who shall be the Chairman;
(b) two representatives of religious leaders in the village;
(c) one representative of headmaster of primary schools in the village;
(d) one representative of women in the village; and
(e) two representative of youth leaders in the village.
(3) Members of the Village Education Committee shall be appointed by the Clan Head on the recommendation of the bodies they represent and a school teacher in the Village shall be the Secretary to the Village Education Committee.
- Functions of Village Education Committee
The Village Education Committee shall, subject to the control of the Development Area Education Committee, be responsible for—
(a) promoting, encouraging and sustaining communal interest and participation in the running of primary schools in the village;
(b) ensuring good enrolment and full attendance in all primary schools within the village;
(c) identifying the needs of primary schools within the village and submitting recommendations to the Development Area Education Committee;
(d) keeping the Development Area Education Committee informed of all educational problems in the village; and
(e) performing such other functions as the Development Area Education Committee may from time to time assign to it.
- Inspection of schools and institutions
(1) The manager or person for the time being in charge of a school or institution shall allow the Commission or any inspector or other person authorised by him to enter and inspect the school or institution at any reasonable time; produce for his inspection any books or records kept in connection with the school or institution, and shall furnish any information or particulars which the Commissioner, Inspector or other person may demand with regard to the care and tuition of the pupils, the names and qualifications of the staff and generally with regard to the management of the school or institution.
(2) Without prejudice to the provisions of subsection (1) of this section, the Board may, from time to time carry out or authorise the inspection of any school or institution and the manager or other person for the time being in charge of the school or institution shall afford any such person the facilities for carrying out the inspection.
- Offence
Any manager or any person for the time being in charge of a school or institution who contravenes or otherwise fails to comply with any of the provisions of section 14, or who gives any information demanded of him under that section which he knows to be false, shall be guilty of an offence and liable on summary conviction to a fine of two hundred naira, without prejudice to any other proceedings which may be taken against him under this Law.
- Regulations
The Commissioner may make regulations for—
(a) the conduct of the inspection of schools and institutions;
(b) the making of reports of inspections and the notification of the contents or any part of the contents of a report to any person affected;
(c) the manner in which any person affected by a report may notify the authority to whom it is made that he disputes any fact or opinion contained in the report.
- Control of the Board
The Board shall be under the control of the Commissioner.
- Staff posted from Civil Service
(1) The staff of the Board and non-teaching staff in the schools shall be persons drawn from the civil service of the State.
(2) Notwithstanding anything to the contrary in this Law, the Teachers Council shall remain the final arbiter in matters affecting discipline and removal of teachers’ names from the Register of Teachers.
- Validation
For the avoidance of doubt, any act or omission done or made by the Board prior to the making of this Law pursuant to or in purported exercise of any powers conferred on it by law or otherwise in respect of any school or staff thereof shall be deemed to have been a valid act or omission; accordingly the Board shall not be liable in law for any such act or omission.
PART III
Funds and Accounts
- Establishment of Primary Education Fund
(1) There is hereby established a fund to be known as the Primary Education Fund. The fund shall consist of the Federal Government’s 65 per cent contribution to the calculated cost of primary school teachers’ and non-teachers’ salaries, based on an educational planning criteria, including the criterion of 40 pupils per teacher in a class.
(2) The State and Local Governments shall pay their shares of 29 per cent and 15 per cent respectively to the Fund.
(3) The Board shall keep proper accounts which shall be audited from time to time.
(4) The Board shall also submit through the Commissioner for Education to the Governor, not later than the 31st day of December of each financial year an account of its income and expenditure, including estimates for the next succeeding financial year.
- Continuance in force of former subsidiary instrument
Where no other provision has been made, any subsidiary instrument made or having effect as if made under the provisions of the Education Law in force before the making of this Law shall, in accordance with section 20 of the Interpretation Law, continue in force as though made under the provisions of this Law until revoked or replaced by any other subsidiary instrument made under the provisions of this Law.
- Interpretation
In this Law except where the context otherwise requires—
“Board” means the Primary Schools Management Board established by section 1 of this Law;
“Commissioner” means the State Commissioner charged with responsibility for education;
“functions” includes powers and duties;
“Governor” means the Governor of the State;
“institution” means an assembly of not less than ten persons assembled for the purpose of receiving regular instruction in a form of education of whatever kind;
“manager” means a person in charge of an institution;
“Ministry” means the Ministry charged with responsibility for education;
“primary institution” means Primary 1-6 schools for pupils between the ages of 6 and 11 years old;
“private institution” means an institution which is not a public institution and is not maintained out of funds provided by the Government or a Local Government Council, and not wholly or partly controlled and administered by the Board or an Education Committee;
“State” means the Cross River State of Nigeria.
- Short title
This Law may be cited as the State Primary Education Board Law.
SCHEDULE 1
Meetings and Proceedings of the Board at Different Levels
- Number of meetings
(1) The Board shall meet as often as necessary for the transaction of its business.
(2) The annual meeting shall be held in November of every year, upon such dates as the Chairman may fix for the consideration of the estimates for the ensuing year.
(3) Any other meetings shall be held on such other days before the annual meeting next following as the Board may at the annual meeting decide or determine by standing orders.
- Convening meetings
The Chairman of the Board may call a meeting of the Board after a written requisition for that purpose signed by one half of the members has been presented to him. If the Chairman refuses or, if without so refusing, the Chairman does not call a meeting within ten days after such requisition has been presented to him, the persons presenting the requisition, on that refusal or on the expiration of ten days as the case may be, may forthwith call a meeting of the Board.
- Notice of meetings
(1) Notice of any meeting of the Board shall state the time and place of a meeting, and the business proposed to be transacted thereat, and the same shall be sent to members of the Board at least ten clear days before the meeting is held.
(2) The Chairman of the Board may call an emergency meeting upon giving notice to members of the Board.
(3) Every notice shall be signed by the Secretary except where the meeting is called by members in accordance with paragraph 2 of this Schedule, when such notice shall be signed by a member on behalf of the Board.
- Notice to members to attend
A notice to attend the meeting of the Board, specifying the business proposed to be transacted thereat, shall be left at or sent by post to the usual place of residence of every member:
Provided that want of the service of the notice on any member shall not affect the validity of a meeting.
- Only business specified to be transacted at meeting
No business shall be transacted at a meeting of the Board other than that specified in the notice relating thereto.
- Presiding at meetings
(1) At a meeting of the Board the Chairman of the Board, if present, shall preside.
(2) If the Chairman is absent from a meeting of the Board such member as the members of such Board present shall choose shall preside.
- Quorum
No business shall be transacted at a meeting of the Board unless at least one half of the whole number of the members of the Board are present thereat.
- Decision by majority
(1) All acts of the Board and all questions coming or arising before the Board shall be done and decided by a majority of the members present and voting thereon at a meeting of the Board.
(2) In the case of equality of votes, the person presiding at the meeting shall have a second or casting vote.
- Breaches of order of meeting of the Board
(1) At any meeting of the Board or of a committee thereof if a member shows disregard for the authority of the Chairman or abuses the standing rules or orders of the Board or committee by persistently and wilfully obstructing the business of the Board or otherwise, the person presiding at the meeting shall direct the attention of the meeting to the incident, mentioning by name the person concerned, and may, by writing under his hand, suspend such person from the exercise of his functions as a member at that sitting.
(2) In the case of grave disorder arising in any meeting of the Board or of a committee thereof, the person presiding may, if he thinks it necessary to do so, adjourn the meeting without question put, or suspend any meeting for a time to be specified by him.
- Number of members to be recorded
The names of the members of the Board or members of a committee thereof present at a meeting of the Board or of a committee thereof shall be recorded.
- Minutes
(1) Minutes of the proceedings of a meeting of the Board or of a committee thereof shall be regularly entered in books kept for that purpose and shall be read, confirmed and signed by the person presiding at the same or next ensuing meeting of the Board or committee, as the case may be, and any minute purporting to be so signed shall be received in evidence without further proof.
(2) Until the contrary be proved, a meeting of the Board or of a committee thereof in respect of proceedings whereof a minute has been so made and signed shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been qualified, and where the proceedings are proceedings of a committee, the committee shall be deemed to have been duly constituted and to have had power to deal with the matter referred to in the minutes.
- Minutes open to inspection
The minutes of the proceedings of the Board shall at all reasonable times be open to inspection by the Commissioner.
CHAPTER S15
STATE PRIMARY EDUCATION BOARD LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
